The CFPB had two two primary, albeit unspoken, functions. First, it was structured as a holding center for fines and assessments against any financial organizations opposed by progressives. Second, it was a distribution hub for the received funds to be transferred to political allies and groups supportive of progressive causes.

The CFPB defenders then appealed the decision to a select appellate court in Washington DC to continue the construct. The Warren crew won the appeal; but today, in an unrelated jurisdictional ruling a New York judge affirmed the minority opinion setting up a possible supreme court pathway to get a final decision.

NEW YORK (AP) – The U.S. government’s beleaguered consumer finance watchdog agency is unconstitutionally structured, a judge said Thursday as she disqualified the agency from serving as a plaintiff in a lawsuit.

Her ruling related to a lawsuit brought against companies loaning money to former National Football League players awaiting payouts from the settlement of a concussion-related lawsuit and to individuals slated to receive money for injuries sustained when they helped in the World Trade Center site cleanup after the Sept. 11, 2001, terrorist attacks.

She let claims brought by the New York State attorney general proceed, but dismissed those that were brought by the CPFB, saying it “lacks authority to bring this enforcement action because its composition violates the Constitution’s separation of powers.”

In ruling, Preska sided with three judges who dissented from the six-judge majority in a January ruling by the U.S. Court of Appeals in Washington. The majority found that the agency director’s power is not excessive and that the president should not have freer rein to fire that person. (read more)

CFPB Interim Director Mick Mulvaney has already said the CFPB needs to be disassembled.

SOG, I don’t know that right an wrong are ever a part of their decision-making.
These cretins are brought up not having any accountability for any of their actions.
Then, they become ideologues. in my experience, ideologues lecture, they do not dialog.
That lack of ethics is very easily translated into their well-known mantra: The end justifies the means.
That, imo is all there is to it.

inch by inch, a Totalitarian government – that is what’s up with the Progressive’s strong attachment to the utter lack of oversight.

I am often reminded that if you don’t read another book, then “The Road to Serfdom” by FA Hayek is your guidance to what has gone wrong with the entire world and the led by the UN, the goal of the New World Order is to make the USA into a Totalitarian government and trash the Constitution.

Unfortunately, it’s driven by a facet of human nature that is in all of us. But those of us who are not narcissistic sociopaths are far less inclined to succumb (we believe in something greater than ourselves). Government, media, corporations, academia are all controlled by those driven to control and oppress.

There’s a lot of gnashing about John Roberts and his Obama Care decisions on the previous page. I was as outraged as anybody when those decisions came down. In retrospect, I think Justice Roberts did the right thing. The Courts under the left have done nothing but overturn the will of the people as acted on by their elected representatives. After watching President Trump so carefully thread the needle to not take outrageous positions outside of the boundaries of common sense good law, I have grown to respect his patiencs and his willingness to work within the system. Did I want fast results a year ago? Damn right. But now I understand what he is doing. He is salvaging the system by respecting it as he carefully and relentlessly cuts out the corruption. I have no proof, but I think that’s what Roberts did in the Obamacare decision. Unlike any of Obama’s dictatorial orders, Obamacare went through Congress. A tortured path through Congress, no question, but it did go through Congress, and it became the law of the land. I think it would have been a bad precedent to overturn it in the Courts. I hate the law, but it was a law made the way laws should be made. I know, corrupt Congress, etc., but a Congress elected by the people, none the less.

“A tortured path through Congress, no question, but it did go through Congress, and it became the law of the land. I think it would have been a bad precedent to overturn it in the Courts. I hate the law, but it was a law made the way laws should be made. ”

_________________

Except it was a violation of EVERY RIGHT given by God to FORCE people to PAY for something against their will.

There is no way around that reality.

You can’t make me buy eggs if I don’t want eggs. You can’t make me buy shoes if I don’t want to wear shoes… or maybe I just can’t afford them. The reason doesn’t matter. You can’t make people BUY anything against their will.

You just can’t.

It’s is their money, their money is their PROPERTY, and nobody can tell you what to do with your personal property. It doesn’t get any more fundamental and basic than that.

It violates the SPIRIT of freedom even MORE than it violates the LETTER of the Constitution.

Congress has no right or lawful authority to pass laws that violate our RIGHTS.

Don’t get me wrong. I think the law there is wrong in this case. Obamacare is an abomination, I’m not defending it at all. I’m just saying I don’t feel that Roberts was corrupt or blackmailed. I simply think he doesn’t believe, as I don’t, that it’s the Court’s job to overturn legislation. That’s the very definition of an activist Court

starfcker, never fear the ACA is dying as we blog. Costs this time around are way too high and people can’t even afford to pay the penalty. Those places that want it, fine just don’t look to us to give you any money.

I hated every speech given by Obama to “hard sell” Obamacare. He was bent on making it law and withing that law, much was added to burden small business owners and restrict the freedom of the people. Obama preached and preached again and again until in the wee hours of the morning a Democrat controlled Senate votes strictly down party lines to pass Obamacare. It was gruesome to watch and a relief to many business owners when Trump pushed to have many of the burdens, penalities and restrictions taken away.

I’m not necessarily against people having a mean to acquire health care if it is done right. Most people don’t realize now that even under Obama’s system, one had to be able to prove income of at least $15,000 per year. That is why the $15.00 minimum wage was pushed into action.

One thing that always kept me from attempting to open a business has been the question of insurance. It can be terribly expensive to fund insurance for a family of four when one is taking a risk of opening a new business and taking risk that may or may not result in success.

Correct. It’s not like Roberts found there is a constitutional right to Obamacare. It’s just legislation subject to the rational realtionship test, a low standard. Which leaves the door wide open to repeal without constitutional consequences. Not the Supremes job to legislate.

Bingo! And he ignored the constitutional requirement that such legislation originate in the House. Sorry, excuse makers, you revisionist history doesn’t cut it. Either a jurist upholds the Constitution consistently or he/she is an anti-Constitutionalist.

That is all fine and dandy – except now we have lower courts that are refusing to follow the SCOTUS decisions.
There are three 2A laws in limbo and not moving because of SOTH Ryan. SAGA, CC Reciprocity and Safe Hearing (suppressors)

star, I understand what you are saying, and in principle I agree.
But in this particular challenge, the constitutionality of the act was in question, iirc.
Congress should Not be able to pass legislation which is unconstitutional.

Starfcker is right. People should have known that John Roberts was correct when he said that Obamacare was a tax. He hoped that people would rebel against a new tax but it was a very sophisticated decision that went right over the heads of most people on the right. He is exceptionally brilliant and probably shook his head in disbelief when his fellow conservatives began attacking him to the delight of the Obama cartel.

I have a different take on this monumental fiasco perpetrated by:
1. Jonathan Gruber who wrote the ACA and said, the bill was deliberately written “in a tortured way” to disguise the fact that it creates a system by which “healthy people pay in and sick people get money”. He said this obfuscation was needed due to “the stupidity of the American voter” in ensuring the bill’s passage. Gruber said the bill’s inherent “lack of transparency is a huge political advantage” in selling it.The comments caused significant controversy one can google all that!
2. The Dimms super majority in at the time who voted without reading bc Nancy said vote then see what is in it! Just proved Gruber’s opinion of the Americans particularly when the left has the upper hand how they treat the right and conservatives minority acted as deers looking at the headlights!
3. The Repubs hoping a reprieve on individual mandate from the so called conservativ SCOTUS and getting a kick on the teeth with another Gruber like scenario from of all people Roberts! If somebody in Repubs had asked me about Roberts his obfuscation was written on the wall(or rather on subway wall)! Roberts was deathly afraid of Obama who was like a second coming of Messiah! He was not mentally strong as was required at the time, he had suffered couple of seizers and it was just not recommended for him that to face the so called Messiah and the guy voted against his confirmation! He blinked!
Don’t forget he messed up Obama’s swearing! LOL
4. Obamacare affected the biggest industry that does have the smartest ripoff artists in the country who are also close to Messiah like image! Some doctors may be good but a great numbers are pill pushers of high prices and getting under the table kickbacks! Practically nothing was done to enhance citizen med education within the country! It is a boon for the foreign doctors and quality of practice has gone down!
Thank goodness Trumpster has the guts to fight on all fronts!
So he knocked out individual mendate from the getgo!
I think Roman tribe is working against America along with the chosen ones!

Signreader, love this comment from you on so many levels. And thank you for mentioning the flubbing of the swearing in of Obama, which I believe was deliberate–otherwise, why did they say they would do it privately later? Very wrong and very suspicious.

The will of the People? Our Founders enshrined protections against the tyranny of the majority for this very reason. Any product of Congress isn’t automatically compatible with Natural Laws/ Rights.

The sharp turn against the headwinds of freedom began years ago with Wickard vs Filburn, and it’s been downhill ever since. We need to get our compass recalibrated or we won’t stand a chance in the future. This is one of the reasons I’m so excited about the Trump Admin, but we need Congress to get with the program.

Thank you starfcker — I had never thought of it that way. Excellent point. That’s why I come to the Treehouse — to greet fellow Treepers but also to look at subjects through a different prism. Starfcker has made me do that today. We’ll never know what Roberts was thinking but this is a possibility.

I do understand your sentiment, but I disagree. It did become law of the land because it came from the legislative branch & was then signed by the boy king. It had nothing to do however with the ‘will of the people’. Prior to passing, GruberCare was consistently polling 70% & up negative. That’s nearly 3 people out of 4 who wanted nothing to do with it. Those Senators & Representatives were elected to vote on behalf of their constituents – they didn’t. They were voting their ideology, their party, their pocketbooks, & their power. Cornhusker Kickbacks and Deem & Pass aren’t legitimate paths thru Congress. In fact, they are the exact opposite of legitimate. Problem is you left off the most important part of your last sentence. Congress is elected by the people …. but also FOR THE PEOPLE.

This as much as anything explains the rise of the Tea Party leading to the 2010 tsunami, and the Cold Anger wave that swept in VSGPDJT. All of the verbal, physical and governmental violence thrown in our path between the TP tsunami and Nov. 8th, 2016 just added fuel to our cold fire. And it’s still burning!

The Congress has no constitutional authority to meddle in health care, nor in education, nor in much of anything else. The few authorized powers of the Congress are found in Article I, Section 8. All other powers it claims have been usurped from the states and people, which is tyranny.

“I think it would have been a bad precedent to overturn it in the Courts.”
———————-

Couldn’t disagre more.

First. Roberts didn’t uphhold Obamacare. He rewrote it. He did so by declaring the “penalty” for failing to buy insurance (the “individual mandate”) was a tax, not a penalty. However, tax bills must originate in the House, by law. Obamacare originated in the Senate. Roberts never addressed those facts. He stabbed The People in the back.

Second, overturning an unconstitutional law is never “bad precedent”. Obamacare was deeply flawed and moreso, the law itself was a dangerous precedent. Why? Because, in Obama’s own words of long ago, the road to government controlled health care was one of small steps. Obamacare was the first of the steps leading to a government controlled monopoly on health. And death of the sick.

“Taking the agency down is perfectly ok with the Trump administration.”

_____________________

Until it is taken down, it should be used to do the same to the anti-American Marxist Left that they used it for against us.

On steroids.

To the point that the Marxist Left actually sues to have the department shut down.

Make the Marxist Left PAY for their bad actions. Make them learn that when they set up these schemes that it will bite them in the ASS a hundred times worse than any benefit they might gain from it.

Make the pain so extensive and acute that they NEVER attempt to set up a scheme like this again.

Because if you don’t, if there is never any penalty besides potential dismantlement, then there is NO REASON AT ALL for the Marxist Left not to do it all over again, and worse, they next chance they get.

I don’t know why people can’t understand this, or why they won’t CRUSH the enemy when we have the opportunity. I don’t know why people want to let the enemy get up and live to undermine us another day.

Patience my friends. Everything Obama did to destroy our wonderful country will soon see the light of day. Pray for the safety of President Trump. Leftists are shaken to the core by his election. Verbal insults may soon give way to violence. May God give us the strength and courage to stand our ground. We will prevail.

mikedmccoy, Fonda is organizing a March on the DC Mall, ginning up violence. He is so rabid, I do believe he needs to be arrested and put on a Psych hold long enough to get off the drugs fueling his hate.

Until it is taken down, it should be used to do the same to the anti-American Marxist Left that they used it for against us.

On steroids.

To the point that the Marxist Left actually sues to have the department shut down.

Make the Marxist Left PAY for their bad actions. Make them learn that when they set up these schemes that it will bite them in the ASS a hundred times worse than any benefit they might gain from it.

Make the pain so extensive and acute that they NEVER attempt to set up a scheme like this again.

A thousand times, ^^^THIS^^^

And do the same to the Universities, using Title 9, or Title #whatever to ram free speech & an equal number of conservative professors down their throats, on pain of losing all federal monies. Make ’em fight against the Equal Rights in Education Act or whatever it’s called, or at least fight to limit it back to its original purpose.

It’s biting them already – this is why they are squealing like stuck pigs. It will get worse, Q warns us.

The biggest mistake the Left made was forgetting to boil the frog s-l-o-w-l-y. They got greedy and installed the unqualified, fraud Communist Manchurian Obama. This woke us ALL up and 8 torturous years later gave us Trump, who is not only undoing most of Obama’s horrors (we can never get the hundreds of thousands if not millions of lives back) but who has stopped dead The 16 Year Plan To Destroy America. Thank God!

Good, hope they mined a lot of data out of that stinker now that it appears to be getting ready to go under.
Lieawatha needs to feel some love in the form of a subpoena to testify. She’s been ignored lately, and that just ain’t right.

EVERYONE (except we Deplorables) “knew” that HRC would win, and the CFPB would stomp on conservatives and reward Black Thugs Matter, and the Witches’ Flying Monkey Brigade, AntiFa, and all would be wonderful as the ProgTards removed Conservatives from the American political arena.

Too bad for the ProgTards that HRC LOST! “Bigly!”
the CFPB is just another Deep State Swamp, like the ICs, FBI and DoJ being weaponized to stop DJT, and then to remove PDJT, but it a complete failure!

KMA, HRC and the whole Donkey Party.
You FAILED!
We WON!
Accept it, you lying *****!

so does this mean that Mulvaney can simply lock the doors tomorrow and tell everyone that they are fired? what happens to all the cash on hand? can we go after warren for this or can all the businesses sue ?

IF I was a business that got the shake down from these thieves, YES I would SUE all of them. Interestingly enough since they claimed to NOT be a governmental entity, that, in fact, opens them up to Lawsuits. Where are the good Lawyers when we need them…Oh, Sorry they are extremely rare and hard to find…any takers out there Attorneys?

Hmm. Now it makes me wonder why Elizabeth was always going after the banks. Instead of prosecuting them they were fining them big time, and instead of money going to legitimate victims of the banking practices they were being funneled through this agency and to progressive movements? That what it sounds like.

Sue- This is similar to a criticism of the major law case against Big Tobacco, where states have enjoyed regular payments from Big Tobacco, rather than simply deciding tobacco was bad for the public health, and getting rid of it, altogether.

That’s exactly what it is. Soon there will be no money left for the dem party to campaign on. They were essentially broke last go around. Thats how Hillary was able to bail out…er um… buy out the DNC and make sure Bernie lost.

Yes, but there’s no end of rich fools. Bloomberg is supposedly throwing $80 mil to the Dems in the coming mid-terms. Didn’t Soros just spend a pile in California on D.A. races with zero to show for it? You really can’t fix stupid. And there really is NO cure for narcissism.

Sue, you nailed it, that is how Obey did everything…Make up crimes, settle out of court (cheaper for those accused), steal the money, funnel to ‘Friends’! I think anyone involved in that scam should be taken out and shot, or HUNG! We don’t need a trial, they convicted themselves with their illegal actions!

Sorry folks but this how the swamp has been operating in the US for a very very long time while other swamp members approve and do the same exact thing. Each state citizen has a patriotic duty to remove swamp members with their votes. So I feel we either educated the voters in each state or become 2A militiamen in each. Your choice!

So, what Im understanding is that the structure of the CFPB gave it an internal conflict of intetest. It would be both plaintiff and defendant. the cool thing is that Micky the Dismantler will not challenge the ruling!

The Federal Reserve is not a US Government entity, they are a private secretive institution run by phantom investors. It’s about as Federal as Federal Express. It’s like a private bank that prints money for the government on demand. Controlling the currency. You can go down a rabbit hole researching it…

From what I understand, the temporary appointment of Mulvaney as acting director of CFPB just expired. However, now that POTUS Trump has appointed someone, Mulvaney is there until his person is nominated.

From the article SD links, the dems are using the “kids in cages separated from their parents” issue to slow walk confirmation. Either way, we win.

“Republican President Donald Trump recently named Kathy Kraninger to head the CFPB. U.S. Sen. Elizabeth Warren, a Massachusetts Democrat who helped create the CFPB, has said she wants to block the nomination of Kraninger, who is currently an associate director at the Office of Management and Budget, until she knows if Kraninger had a role in the policy to separate children from parents crossing the U.S.-Mexico border.”

This CFPB construct was obviously an attempt by Libs to set up an Extra-Govermental Control structure so they could take over everything with similar agencies once this ‘worked’! It’s amazing a Judge actually called it what it was. Now we need to HANG all those involved for TREASON! I’m getting really tired of the Left’s attempts to turn America into a Communist State with them in charge.

We can’t get tired – we have to get EVEN, and then some! Too many voted for all this. I was a Dem in SoCal for 26 years and believe me I voted for a whole lot of truly evil, dangerous people. Atoning for this for the rest of my life. Many patriots are.

I’m finally willing to concede that when Hillary said vast right wing conspiracy she was actually telling the truth which is clearly a break from the norm with her. It’s quite obvious that republicans in Congress conspired long ago with their “friends across the isle” to screw the funding mechanism = the taxpaying slave for the benefit of the government class. All that is required of you is play your part for the corporate cameras. There’s really no good argument for the system we currently have because it sure as hell is not a constitutional republic. Circa 1871